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Detail Procedure of Mutual Divorce in Odisha
17-Apr-2023 (In Divorce Law)
How to apply for Mutual Divorce in Odisha. Process and procedure of Mutual Consent Divorce in Odisha. Documents required for Mutual Consent Divorce in Odisha. Lawyer for Mutual Divorce in Odisha
PROCESS & PROCEDURE FOR MUTUAL CONSENT DIVORCE IN ODISHA
Mutual Consent Divorce is the best way to terminate a marriage without any stress and litigation.
It saves time so also the burden and litigation cost. Parties intending for Divorce on mutual consent do not go through the intricate procedures of Law.
As the name suggests, both the husband and wife apply for Mutual Divorce in a joint petition. Both the Husband and Wife apply as the Petitioners in case of Mutual Divorce.
Parties set their own terms and conditions like property, permanent alimony, child custody etc and same is clearly mentioned in the Petition to avoid any future denial.
Additionally parties need to file their Marriage proof ( invitation card or Marriage certificate ), address proof, photographs for verification of the Court.
Petition is drafted as per the instructions of the Husband and wife by mentioning their terms and conditions. Photographs are affixed in the Petition. Parties are required to sign on the petition, photographs, address proof, marriage proof.
Petition is filed in the Court and case number is assigned to it. Now the case waits for admission. On the date of admission, both the husband and wife comes before the Family Court with their original identity proof.
After admission, the case is posted to another date for Conciliation. Where both the husband and wife appear before the conciliator. The conciliator tries his best to reunite the estranged husband and wife and to bring them back to the main stream of Matrimonial life. In the eventuality of failure on the part of the conciliator to reunite the parties, conciliator submits his report before the Family Court.
Thereafter evidence affidavit is filed by the Husband and wife before the Family Court.
Case is then posted for recording of evidence. Both the husband and wife appears before the Family Court and their evidence is recorded.
If the Family Court finds the evidence to be true and without any collusion and if the Family Court thinks the Marriage is unworkable irreparable emotionally dead and beyond salvage then decree of divorce on mutual consent is passed.
The process generally takes 6 months in view of the mandate of Section 13 B of the Hindu Marriage Act. But parties can file a waiver application to waive out the six months statutory period if they have been staying separately since more than one year and six months.
Mutual Consent Divorce is the best way to terminate a marriage without any stress and litigation.
It saves time so also the burden and litigation cost. Parties intending for Divorce on mutual consent do not go through the intricate procedures of Law.
As the name suggests, both the husband and wife apply for Mutual Divorce in a joint petition. Both the Husband and Wife apply as the Petitioners in case of Mutual Divorce.
Parties set their own terms and conditions like property, permanent alimony, child custody etc and same is clearly mentioned in the Petition to avoid any future denial.
Additionally parties need to file their Marriage proof ( invitation card or Marriage certificate ), address proof, photographs for verification of the Court.
Petition is drafted as per the instructions of the Husband and wife by mentioning their terms and conditions. Photographs are affixed in the Petition. Parties are required to sign on the petition, photographs, address proof, marriage proof.
Petition is filed in the Court and case number is assigned to it. Now the case waits for admission. On the date of admission, both the husband and wife comes before the Family Court with their original identity proof.
After admission, the case is posted to another date for Conciliation. Where both the husband and wife appear before the conciliator. The conciliator tries his best to reunite the estranged husband and wife and to bring them back to the main stream of Matrimonial life. In the eventuality of failure on the part of the conciliator to reunite the parties, conciliator submits his report before the Family Court.
Thereafter evidence affidavit is filed by the Husband and wife before the Family Court.
Case is then posted for recording of evidence. Both the husband and wife appears before the Family Court and their evidence is recorded.
If the Family Court finds the evidence to be true and without any collusion and if the Family Court thinks the Marriage is unworkable irreparable emotionally dead and beyond salvage then decree of divorce on mutual consent is passed.
The process generally takes 6 months in view of the mandate of Section 13 B of the Hindu Marriage Act. But parties can file a waiver application to waive out the six months statutory period if they have been staying separately since more than one year and six months.
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What is the first procedure for divorce?
Step 1: Filing a divorce petition. ...
Step 2: Appearance before the Court and inspection. ...
Step 3: Giving orders to record statements under oath. ...
Step 4: The First Motion has been passed, and six months are given to the Second Motion.
What are the 3 steps of divorce?
Step 1: Filing the Divorce Petition
Step 2: Request temporary court orders
Step 3: Submit proof of service.
Step 4: Negotiate an Agreement
Step 5: If necessary, go to trial.
Step 6: Finalize your judgment
Separation.
How to determine grounds for divorce
How can I get my wife divorced without maintenance?
You can file for divorce if it has been more than a year since you learned of her refusal to consummate marriage. The annulment of the marriage will not require you to pay maintenance.
What is the fee for mutual divorce in Odisha?
A divorce lawyer in India usually charges between INR 10,000 and INR 50,000 for each hearing. This can be an expensive expense for many people.
Mutual Divorce in Odisha: STEP 1: Prepare a petition that states the reasons for divorce, and the two parties must agree on this. STEP 2 : Submit the petition before the family court jointly, through the respective lawyers.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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